Jason Stephens | May 3, 2022 | Truck Accidents
Texas Code §550.026 requires that the driver of a vehicle immediately report an accident when the accident causes injury or death to a person or when the vehicle cannot be driven safely. The report of an accident must be done by the quickest means of communication. Generally, people call 911 from the crash site to report the truck accident.
Furthermore, Texas law requires that a police officer create a written crash report whenever an accident results in injuries, death, or property damage of $1,000 or more. The police officer investigates the accident scene, completes a crash report, and files the report.
How Can I Get a Copy of the Accident Report for a Fort Worth Truck Accident?
You can request a copy of the truck accident report from the police department. You can also purchase a copy of the accident report online from the Texas Department of Transportation.
A commercial truck accident can cause catastrophic injuries and permanent impairments. In addition to the local police department, other state or federal agencies might investigate the truck accident. A truck accident lawyer monitors the investigation and obtains a copy of all accident reports.
What Should I Do After a Fort Worth Truck Accident?
Most truck accident victims sustain severe injuries, so they cannot take photographs or videos to document the accident scene. Generally, they require emergency medical care. Prompt medical treatment is important both for your health and for your personal injury claim.
Therefore, see a doctor as soon as possible after a truck crash. Document your injuries by taking photographs of them. Then, begin a pain and suffering journal to track your recovery, including your pain levels, activities you cannot perform, your emotional wellbeing, and other ways the injuries affect your daily life.
The insurance provider for the insurance company may contact you regarding the accident. You should talk with a lawyer before talking to an insurance adjuster, investigator, or another representative for the other side. The statements you make could hurt your personal injury case.
It is never in your best interest to sign a written statement, provide a recorded statement, or sign a medical release without seeking legal advice. The insurance company does not have your best interest in mind, even if they offer you a settlement agreement.
Generally, the settlement agreements offered by trucking companies and their insurance providers are lower than the value of the claim. Furthermore, if you settle before completing your medical treatment, you cannot demand more money even if you discover additional injuries or permanent impairments.
Hiring a truck accident lawyer allows you to focus on your recovery. At the same time, the attorney handles the trucking company, insurance provider, and other parties who might be liable for your damages.
Damages and Injuries Caused by Truck Accidents
Accident victims can sustain numerous injuries in a semi-truck accident. Common injuries caused by truck crashes include:
- Broken bones and fractures
- Traumatic brain injuries
- Internal organ damage
- Back and neck injuries
- Spinal cord injuries and paralysis
- Crushing injuries
- Severe burns, scarring, and disfigurement
In addition, the victim might be entitled to compensation for their pain and suffering (non-economic damages). These damages compensate the victim for emotional distress, loss of enjoyment of life, mental anguish, permanent impairments, and physical pain.
Who is Responsible for Damages Caused by a Truck Accident?
All parties who contributed to the cause of the crash can be held financially liable for damages. Truck accident cases can involve multiple parties. Examples of parties that could be liable for damages include:
- Truck drivers
- Trucking companies
- Insurance providers
- Other motorists
- Shippers and loaders
- Government entities
- Repair and maintenance facilities
- Truck and parts manufacturers
Identifying the parties liable for your injuries can be challenging. An attorney may retain expert witnesses to assist with the investigation, including trucking industry experts, accident reconstructionists, engineers, and others. Under Texas tort laws, you must prove that the other party or parties caused the accident and your injuries. Otherwise, you cannot recover money for a personal injury claim.
The trucking company and its insurance provider will investigate the crash to gather evidence they can use to limit liability for your claim. Therefore, it is crucial you have someone working on your behalf who understands the trucking industry, including federal trucking regulations and rules. It is also crucial to begin an immediate investigation, as evidence could be lost or destroyed.
What is the Deadline to File Truck Accident Lawsuits in Texas?
The Texas statute of limitations is two years for most truck accident cases. If a person dies in a truck accident, the family has two years from the date of death to file a wrongful death claim. There could be exceptions to these rules, depending on the facts of your case.
Two years may sound like a long time. However, these cases are incredibly complex. Therefore, it is wise to seek legal advice as soon as possible to avoid missing a filing deadline.
Contact Our Truck Accident Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth truck accident lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107